S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6637
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2021
                                ___________
 
 Introduced  by M. of A. FRONTUS -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education  law,  in  relation  to  establishing  the
   essential New York scholarship program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section  669-i
 to read as follows:
   §  669-I. ESSENTIAL NEW YORK SCHOLARSHIP PROGRAM.  1. ELIGIBLE GROUPS.
 NOTWITHSTANDING SUBDIVISION FIVE OF SECTION  SIX  HUNDRED  SIXTY-ONE  OF
 THIS ARTICLE, INDIVIDUALS WHO ARE EMPLOYED PERFORMING ESSENTIAL SERVICES
 SHALL BE ELIGIBLE TO RECEIVE A SCHOLARSHIP.  SUCH INDIVIDUALS SHALL HAVE
 PERFORMED AN ESSENTIAL SERVICE FOR A PERIOD OF AT LEAST NINETY DAYS FROM
 MARCH  SEVENTH, TWO THOUSAND TWENTY UNTIL THE COMMENCEMENT DATE OF PHASE
 FOUR OF THE STATE'S REOPENING PLAN IN THE COUNTY OR REGION IN WHICH  THE
 INDIVIDUAL RESIDES, AND SHALL NOT HAVE BEEN DISMISSED FOR CAUSE. "ESSEN-
 TIAL  SERVICES", AS USED IN THIS SECTION, SHALL HAVE THE SAME MEANING AS
 IT IS DEFINED PURSUANT TO THE GOVERNOR'S GUIDANCE ON ESSENTIAL  SERVICES
 UNDER EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY.
   2.  AMOUNT.  (A)  THE PRESIDENT SHALL GRANT ANNUAL SCHOLARSHIPS IN THE
 FOLLOWING AMOUNTS:
   (1) IF THE RECIPIENT ATTENDS AN INSTITUTION OF THE CITY UNIVERSITY  OF
 NEW  YORK  OR  AN  INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK OTHER
 THAN THE STATUTORY COLLEGES AT CORNELL,  THE  COLLEGE  OF  ENVIRONMENTAL
 SCIENCE  AND FORESTRY AT SYRACUSE AND THE COLLEGE OF CERAMICS AT ALFRED,
 THE ANNUAL AWARD SHALL BE AN AMOUNT EQUAL TO:  THE  TUITION  CHARGED  AT
 SUCH  INSTITUTION PROVIDED THAT, NOTWITHSTANDING ANY PROVISION OF LAW TO
 THE CONTRARY, THE TUITION CHARGED TO AWARD RECIPIENTS SHALL  NOT  EXCEED
 THAT  CHARGED TO STATE RESIDENT STUDENTS ATTENDING SUCH INSTITUTION; THE
 MANDATORY FEES CHARGED AT SUCH INSTITUTION; AND THE NON-TUITION COST  OF
 ATTENDANCE AT SUCH INSTITUTION OR COLLEGE, PROVIDED THAT THE SCHOLARSHIP
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06191-01-1

 A. 6637                             2
 
 SHALL NOT EXCEED AN AMOUNT THAT IS EQUAL TO THE TOTAL COST OF ATTENDANCE
 DETERMINED FOR FEDERAL TITLE IV STUDENT FINANCIAL AID PURPOSES, LESS ALL
 OTHER  SCHOLARSHIPS AND GRANTS PROVIDED BY NEW YORK STATE, OTHER STATES,
 THE  FEDERAL  GOVERNMENT, OR OTHER GOVERNMENTS, AND THE AMOUNT OF EDUCA-
 TIONAL BENEFITS PAID UNDER ANY PROGRAM THAT WOULD DUPLICATE THE PURPOSES
 OF THIS PROGRAM, PROVIDED THAT ANY SCHOLARSHIPS OR GRANTS PROVIDED TO  A
 RECIPIENT  BY  THE INSTITUTION WHICH ARE INTENDED TO FUND ANY PORTION OF
 THE DIFFERENCE BETWEEN THE ANNUAL STATE AWARD AND THE  ACTUAL  COSTS  OF
 ATTENDANCE  AT ANY SUCH INSTITUTION SHALL NOT BE CONSIDERED TO DUPLICATE
 THE PURPOSES OF THIS PROGRAM; OR
   (2) IF THE RECIPIENT ATTENDS ANY OTHER  APPROVED  PROGRAM  WITHIN  NEW
 YORK STATE, THE ANNUAL AWARD SHALL BE BASED UPON AN AMOUNT EQUAL TO: THE
 TUITION CHARGED TO STATE RESIDENT STUDENTS ATTENDING A FOUR-YEAR COLLEGE
 OF  THE STATE UNIVERSITY OF NEW YORK; THE AVERAGE MANDATORY FEES CHARGED
 AT FOUR-YEAR COLLEGES OF THE STATE UNIVERSITY OF NEW YORK, OR THE ACTUAL
 TUITION AND FEES CHARGED TO THE RECIPIENT, WHICHEVER IS  LESS;  AND  THE
 AVERAGE  NON-TUITION  COST OF ATTENDANCE, AS DETERMINED BY THE PRESIDENT
 AND AS APPROVED BY THE DIRECTOR OF THE BUDGET,  FOR  A  STUDENT  AT  THE
 STATE UNIVERSITY OF NEW YORK OR ACTUAL NON-TUITION COST OF ATTENDANCE AT
 SUCH INSTITUTION, WHICHEVER IS LESS, PROVIDED THAT THE SCHOLARSHIP SHALL
 NOT  EXCEED  AN  AMOUNT  THAT  IS  EQUAL TO THE TOTAL COST OF ATTENDANCE
 DETERMINED FOR FEDERAL TITLE IV STUDENT FINANCIAL AID PURPOSES, LESS ALL
 OTHER SCHOLARSHIPS AND GRANTS PROVIDED BY NEW YORK STATE, OTHER  STATES,
 THE  FEDERAL  GOVERNMENT, OR OTHER GOVERNMENTS, AND THE AMOUNT OF EDUCA-
 TIONAL BENEFITS PAID UNDER ANY PROGRAM THAT WOULD DUPLICATE THE PURPOSES
 OF THIS PROGRAM, PROVIDED THAT ANY SCHOLARSHIPS OR GRANTS PROVIDED TO  A
 RECIPIENT  BY  THE INSTITUTION WHICH ARE INTENDED TO FUND ANY PORTION OF
 THE DIFFERENCE BETWEEN THE ANNUAL STATE AWARD AND THE  ACTUAL  COSTS  OF
 ATTENDANCE  AT ANY SUCH INSTITUTION SHALL NOT BE CONSIDERED TO DUPLICATE
 THE PURPOSES OF THIS PROGRAM.
   (B) "NON-TUITION COST OF ATTENDANCE", AS USED IN THIS  SECTION,  SHALL
 MEAN:  (I)  THE  ACTUAL  AMOUNT  CHARGED BY THE INSTITUTION FOR ROOM AND
 BOARD, AND (II) AN ALLOWANCE FOR TRANSPORTATION, BOOKS AND  SUPPLIES  AS
 DETERMINED BY THE PRESIDENT AND AS APPROVED BY THE DIRECTOR OF THE BUDG-
 ET,  PROVIDED THAT SUCH DETERMINATION SHALL BE MADE NO LATER THAN DECEM-
 BER FIRST OF EACH YEAR FOR USE IN THE SUCCEEDING ACADEMIC YEAR.  IN  THE
 EVENT A STUDENT DOES NOT INCUR ROOM OR BOARD CHARGES AT THE INSTITUTION,
 "NON-TUITION  COST  OF  ATTENDANCE" SHALL MEAN AN ALLOWANCE FOR ROOM AND
 BOARD AS DETERMINED BY THE PRESIDENT AND APPROVED BY THE DIRECTOR OF THE
 BUDGET. IN DETERMINING ALLOWANCES PURSUANT  TO  THIS  SUBPARAGRAPH,  THE
 PRESIDENT MAY TAKE INTO CONSIDERATION THE ALLOWANCES PROVIDED FOR IN THE
 PELL GRANT PROGRAM.
   (C)  IN  NO  EVENT  SHALL THE COMBINATION OF ALL STUDENT FINANCIAL AID
 RECEIVED BY A STUDENT EXCEED A RECIPIENT'S TOTAL COST OF  ATTENDANCE  AT
 THE INSTITUTION BEING ATTENDED.
   3.  DURATION.  AWARDS  UNDER THIS SECTION SHALL BE PAYABLE FOR EACH OF
 NOT MORE THAN FOUR ACADEMIC YEARS OF UNDERGRADUATE STUDY OR FIVE ACADEM-
 IC YEARS IF A PROGRAM NORMALLY REQUIRES FIVE YEARS, AS  DEFINED  BY  THE
 COMMISSIONER PURSUANT TO ARTICLE THIRTEEN OF THIS TITLE.
   § 2. This act shall take effect on January 1, 2022.